The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (three years of imprisonment and six months of suspension of execution of imprisonment) is too unhutiled and unfair.

2. The crime of this case is a case where the crime of this case was committed by abusing the system of loans for corporate purchase funds introduced to reduce the burden of settling funds to the subcontractor of the original subcontractor and resolve the shortage of the subcontractor’s funds. The crime of this case is deemed to be an unfavorable sentencing factor or objective and neutral sentencing factor such as the fact that the crime of this case is not good, and the amount of defraudation stated in the crime of this case reaches 509,596,500 won, and the crime of this case is also grave.

However, it seems that most of the money acquired through the crime of this case is not individually useful, but most of them is used as corporate operating funds, such as the payment of wages by employees and the settlement of payments by customers. Loans to victim banks seems to have been paid by the Korea Technology Finance Corporation most by the Korea Technology Finance Corporation. The defendant concluded a repayment agreement with the Korea Technology Finance Corporation that paid the above loan by subrogation and paid the initial installment payment (40 million won) in installments, and paid 3 million won for each month agreed until August 2014. The amount of 509,596,500 won recorded in the crime of this case exceeds only the limit of '50 million won' which differs from the sentencing criteria. It also is recognized that there are more favorable factors such as sentencing or objective and neutral factors such as the fact that there is no other favorable element of crime except the amount sentenced to a fine of 3 million won as a violation of the Labor Standards Act in 2009.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence sentenced by the lower court is adequate.